DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election of Species B and species 1 directed to claims 1-5, and 7-13 in the reply filed on 15 July 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno et al (JP 2021072262A, reference made to attached English machine translation), in further view of Sakaida et al (US 2020/0328465A1) and further in view of Kondo et al (JP 2009054484A, reference made to attached English machine translation).
Regarding claim 1 Mizuno discloses a battery comprising:
a positive electrode (Bottom of page 4 of translation, Figs. 3-4 see: positive electrode current collector 11' and positive electrode active material layer 13);
a negative electrode (Bottom of page 4 of translation, Figs. 3-4 see: negative electrode active material layer 15 and negative electrode current collector 11”); and
an electrolyte layer positioned between the positive electrode and the negative electrode (Bottom of page 4 of translation Figs. 3-4 see: solid electrolyte layer 17), wherein
the positive electrode includes a positive electrode material (positive electrode active material layer 13),
the positive electrode material includes a positive electrode active material (positive electrode active material layer 13),
the positive electrode active material includes a material represented by the following composition formula (1)
LixMnyO2 Formula (1), and
the composition formula (1) satisfies 0≤x≤1.05 and 0.9≤y≤1.1 (page 9 of translation see: positive electrode active material can include LiMnO2).
Mizuno discloses the negative electrode includes Bi in the negative electrode active material (page 6 of translation see: negative electrode active material can include an alloy of Li with Bi) but does not explicitly recited Bi as a main component of said negative electrode active material.
Mizuno does not explicitly disclose where the positive electrode material includes a first solid electrolyte material.
Sakaida discloses a battery where the positive electrode material is a mixture of the positive electrode active material, such as a lithium transition metal oxide (para [0131]), and a first solid electrolyte material ([0156], Fig. 2 see: cathode 201 includes cathode active material particles 211 and first solid electrolyte particles 111). Sakaida discloses this helps suppress the occurrence of short circuit due to precipitation of lithium metal at the time of overcharging, suppressing lithium metal growth and improving safety (para [0036], [0214]-[0215]).
Sakaida and Mizuno are combinable as they are both concerned with the field of solid electrolyte lithium batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the battery of Mizuno in view of Sakaida such that the positive electrode material of Muzuno further includes a first solid electrolyte material as in Sakaida ([0156], Fig. 2 see: cathode 201 includes cathode active material particles 211 and first solid electrolyte particles 111) as Sakaida discloses this helps suppress the occurrence of short circuit due to precipitation of lithium metal at the time of overcharging, suppressing lithium metal growth and improving safety (para [0036], [0214]-[0215]).
Further, Kondo discloses a negative electrode including Bi as a main component of a negative electrode active material (Kondo, Abstract, bottom of page 9 of translation, see: negative active material 42 composed of a metal material containing preferably 50 weight% or more or more preferably 70 weight% or more of Bi). Kondo teaches elements such as Bi have high capacity and when reacting with the free sulfur in the electrolyte forms compounds with relatively excellent conductivity to sufficiently reduce internal resistance of the battery (Kondo see pages 8-9 of translation).
Kondo and Mizuno are combinable as they are both concerned with the field of lithium batteries with sulfide solid electrolytes.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the battery of Mizuno in view of Kondo such that Mizuno includes Bi as a main component of its negative electrode active material as in Kondo (Abstract, bottom of page 9 of translation, see: negative active material 42 composed of a metal material containing preferably 50 weight% or more or more preferably 70 weight% or more of Bi) as Kondo teaches elements such as Bi have high capacity and when reacting with the free sulfur in the electrolyte forms compounds with relatively excellent conductivity to sufficiently reduce internal resistance of the battery (Kondo see pages 8-9 of translation).
Regarding claims 2-4 modified Mizuno discloses the battery according to claim 1, wherein the composition formula (1) satisfies 0≤x≤1 and wherein the composition formula (1) satisfies x=1, wherein the composition formula (1) satisfies y=1 (Mizuno, page 9 of translation see: positive electrode active material can include LiMnO2 where x, y =1).
Regarding claim 5 modified Mizuno discloses the battery according to claim 1, and regarding the claim 5 recitation “wherein the negative electrode includes a material represented by the following composition formula (2) LizBi Formula (2), and the composition formula (2) satisfies 0≤z≤3” Mizuno discloses the negative electrode active material can include a lithium and Bismuth alloy (page 6 of translation see: negative electrode active material can include an alloy of Li with Bi) considered to meet the limitation, and alternatively, as Kondo teaches the negative active material can be 50 weight% or more or more preferably 70 weight% or more of Bi to provide the beneficial effects of high capacity and when reacting with the free sulfur in the electrolyte forms compounds with relatively excellent conductivity to sufficiently reduce internal resistance of the battery (Kondo see pages 8-9 of translation), one having ordinary skill in the art at the time of the invention would have found it obvious to provide elemental Bi (LizBi z=0) in the negative electrode of modified Mizuno with the expectation of providing these beneficial effects as recited by Kondo above.
Regarding claims 7 and 8 modified Mizuno discloses the battery according to claim 5, wherein the composition formula (1) satisfies x=1 and y=1 Mizuno, page 9 of translation see: positive electrode active material can include LiMnO2 where x, y =1), and Regarding the claim recitations “the composition formula (2) satisfies z=0, wherein the negative electrode includes a simple substance of Bi as the negative electrode active material”, as Kondo teaches the negative active material can be 50 weight% or more or more preferably 70 weight% or more of Bi to provide the beneficial effects of high capacity and when reacting with the free sulfur in the electrolyte forms compounds with relatively excellent conductivity to sufficiently reduce internal resistance of the battery (Kondo see pages 8-9 of translation), one having ordinary skill in the art at the time of the invention would have found it obvious to provide elemental Bi (LizBi z=0) in the negative electrode of modified Mizuno with the expectation of providing these beneficial effects as recited by Kondo above.
Regarding claim 9 modified Mizuno discloses the battery according to claim 1, wherein the negative electrode is a plating layer (Mizuno, Fig. 2 see: negative electrode includes current collector plate 25) (Kondo, middle of page 9 of translation, see: negative electrode active material layer 42 can be formed by plating).
Regarding claim 10 modified Mizuno discloses the battery according to claim 1, and Sakaida further discloses wherein
the first solid electrolyte material includes: Li (para [0032]-[0033], first solid electrolyte with formula LiαMβXγ);
at least one selected from the group consisting of metalloid elements and metal elements except Li (para [0034]); and
at least one selected from the group consisting of Cl and Br (para [0035]).
Regarding claim 11 modified Mizuno discloses the battery according to claim 10, and Sakaida further discloses wherein the first solid electrolyte material includes a material represented by the following composition formula (3)
Liα3Mβ3Xγ3 Formula (3) (para [0032] see: first solid electrolyte with formula LiαMβXγ)
where α3, β3, and γ3 are each a value greater than 0 (para [0033]),
M is at least one selected from the group consisting of metalloid elements and
metal elements except Li (para [0034]), and
X is at least one selected from the group consisting of Cl and Br (para [0035]).
Regarding claim 12 modified Mizuno discloses the battery according to claim 11, and Sakaida further discloses wherein the composition formula (3) satisfies:
2.5≤α3≤3; 1≤β3≤1.1; and γ3=6 (para [0047] see: first solid electrolyte material may be Li3YCI6 ).
Regarding claim 13 modified Mizuno discloses the battery according to claim 1, and Sakaida further discloses wherein
the electrolyte layer includes a first electrolyte layer and a second electrolyte layer ([0029] Fig. 2 see: The electrolyte layer 100 includes a first electrolyte layer 101 and a second electrolyte layer 102),
the first electrolyte layer is positioned between the positive electrode and the negative electrode (Fig. 2 see: first electrolyte layer 101 between cathode 201 and anode 202), and
the second electrolyte layer is positioned between the first electrolyte layer and the negative electrode (Fig. 2 see: second electrolyte layer 102 between first electrolyte layer 101 and anode 202).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J GOLDEN whose telephone number is (571)270-7935. The examiner can normally be reached 11am-8pm.
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
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